Vanderbilt quarterback Diego Pavia is suing the NCAA over its rules that limit the eligibility of athletes who transfer from junior colleges to Division I schools.
Pavia argues that these NCAA rules “unjustifiably” restrict athletes’ ability to earn money through name, image, and likeness (NIL) deals.
The lawsuit, filed on Friday in U.S. District Court for the Middle District of Tennessee in Nashville, asks for a temporary restraining order. Pavia is seeking two additional seasons of eligibility, through the 2026-27 season, so he can have a redshirt year and “avoid additional harm.”
He also requests that Vanderbilt or any other college not be penalized for following the court’s orders.
According to the lawsuit, the NCAA’s junior college eligibility rules limit athletes who start their college careers at junior colleges to only two or three seasons of NCAA Division I football.
This is in contrast to the four seasons of competition—and opportunities for NIL compensation—that are available to all other NCAA Division I football players.
Pavia did not receive an offer from a Football Bowl Subdivision school after graduating from Volcano Vista High School in Albuquerque, New Mexico. In 2020, he went to New Mexico Military Institute, where he led the junior college team to the 2021 national championship.
He transferred to New Mexico State in 2022, where he helped lead the team to a 10-win season in 2023. Pavia was named Conference USA Offensive Player of the Year before following his head coach, Jerry Kill, and offensive coordinator, Tim Beck, to Vanderbilt this offseason.
This season, Pavia has helped Vanderbilt achieve bowl eligibility, marking the team’s best start since 1982. They have been ranked twice this season and are currently No. 24. However, he was injured late in Vanderbilt’s 28-7 loss to South Carolina.
After the game, Vanderbilt head coach Clark Lea acknowledged the lawsuit.
“I want Diego to play as long as he can possibly play,” Lea said. “I have such affection for him and belief in him and appreciation for him. But it’s a legal matter and in the courts… We’ll see how it all plays out.”
Vanderbilt (6-4, 3-3 Southeastern Conference) plays at No. 14 LSU on Nov. 23 and finishes the regular season with a home game against No. 7 Tennessee on Nov. 30. Without an injunction or restraining order, Pavia’s last college game would be in Vanderbilt’s bowl game.
The lawsuit argues that the JUCO eligibility rules do not promote fair competition or help college athletes, and instead “stifle the competition” for football players. It also claims these rules harm college athletes and diminish the quality of Division I football.
This, Pavia’s legal team argues, goes against the NCAA’s “stated mission” to promote the well-being of college athletes, as well as federal antitrust law, such as the Sherman Act.
“Because Pavia cannot relive his short college career, the harm inflicted by the JUCO Eligibility Limitations Bylaws is irreparable and ongoing, and temporary and preliminary injunctive relief is necessary,” the lawsuit states.
Pavia also challenges the NCAA’s redshirt rule, which limits athletes to four seasons in any Division I sport. The lawsuit points out that athletes who play during their first four seasons are “wrongfully limited” from using a redshirt year in a fifth season, further limiting their ability to earn NIL money.
The NCAA has faced several legal setbacks, including a significant 9-0 Supreme Court ruling in 2021 that determined the NCAA could not restrict the education-related benefits that colleges offer to athletes.
Heading into Saturday’s game, Pavia was fourth in the SEC with 15 passing touchdowns and eighth in rushing yards (563), the most among quarterbacks. He also led Vanderbilt to its first-ever win over a top-five team, a 40-35 victory over then-No. 1 Alabama.
